Submissions to First Tier Tribunals - changes in requirements?

We are seeing an increasing ‘hard line’ being taken by Tribunals in our area (Dorset, Weymouth venue) and wondered whether this is a local issue or more widespread.
Specifically that we should be using witness statements in our submissions.  We have never worked in this way and it has never been been an issue.  Does anyone know if there is a requirement to produce a submission in a specific way?  I have done a number of tribunal courses over the year and there seems to be various approaches to putting the client’s case forward, but no one particular way.
One client was told that she “should” have been represented at the hearing by the bureau.
We have also seen, over the last few months, DWP request written reasons for every single tribunal decision, none of which has resulted in applying for leave to appeal to UT (yet). Are others seeing this?

I can only imagine that thet FTT do not like the style of the submissions.

I take it that all of the cases involve hearings without a representative being present?

Without seeing a submission I think it would be hard to help other than saying not a problem here but we do attend hearings in any case.

http://www.lrdpublications.org.uk/downloads/WitnessStatement.pdf

It sounds local to me, I can’t say we have noticed anything in general around here. Case management powers at rule 5 of the Tribunal Procedure (First Tier Tribunal)(SEC) Rules are pretty broad, including requiring a party or another person to “provide documents, information, evidence or submissions to the Tribunal”. However, everything is subject to the overriding objective of the rules at rule 2, to enable the tribunal to deal with cases fairly and justly. That includes “avoiding unnecessary formality and seeking flexibility in the proceedings”, and “dealing with the case in ways that are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties”.

There should not be a blanket approach to requiring witness statements, but equally there may be cases where the nature of the case suggests that despite the more formal approach of a witness statement, the importance/complexity of the case make that an appropriate requirement in order to deal with the case fairly and justly.

What isn’t really helpful is if that is the opinion of the tribunal on the day you go to the hearing, In other words, if you as a representative turn up, to be told by that particular tribunal that you should have provided witness statements, I think that you would be right to point out that there is no general requirement that evidence be presented in that fashion; that you have not received a direction to that effect; and that a blanket approach to how evidence is presented cannot sit within the discretion in case management that is required by the rules.

Not come across any feedback from hearings at Exeter.

I rep in Portsmouth - never been asked for a witness statement and have only encountered one DWP request for tribunal’s reasons in xx years. Worth raising at Tribunal User Group?

I use witness statements quite a lot.  I find they help focus the client’s evidence and give a framework for further questions.  They also enhance the advocate’s standing with a Tribunal, help me to recall key facts and they generally carry more weight.

I have found they help a Tribunal reach helpful fidnings of fact and decisions (including in advance of a hearing) or enable a DM to revise favourably (I can think of 3 large, complex cases recently where the clients’ witness statements were key to enabling DMs to revise - the DMs actually commented on this).

That said, they do take time to prepare and as others have stated, they are not obligatory and if Tribunals were to start insisting on them, this would not only conflict with the overriding objective, but also would severely disadvantage unrepresented clients and those assisted by friends or less experienced advisers.

i think there’s a big place for witness statements, as neil says - but it depends on the case.  if you want the client to tell the story in a coherent fashion, then that’s what a statement will do, and then s/he can be questioned on it by the tribunal again in a coherent, logical fashion.  I’ve done them for LTAHAWS - last one, statement for client, statement for the person said to be living with, and statement for that person’s parents.  work intensive, but worth it (and we won)

Hi,

Obviously I’m a little late jumping in on this one but I would be very interested in seeing an example of a witness statement on behalf of a claimant by any of the posters who stated they use them regularly. Any chance of you sharing a redacted copy of one? I have never used them yet but the arguments in favour seem to suggest, in certain circumstances, it might be helpful to start using them.

Also, I’m interested in the inter-relation of the witness statements and your submissions, do you merely refer to the statement rather than, for example, the claim form or do each compliment the other? 

Thanks!

JT Appeals Officer